46.2-862 Charge Of Reckless Driving – Virginia Lawyers

If you are dealing with a 46.2-862 Charge Of Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-862 Charge Of Reckless Driving defense in Virginia

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James Peter v. Commonwealth

Facts:

Defendant was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone. Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge. Defendant alleged that he was convicted of speeding by virtue of this payment of the fines and costs and therefore he could not be prosecuted for the driving under the influence charge because Va. Code Ann. § 19.2-294.1 prevented dual convictions of driving under the influence and reckless driving. On review, the court disagreed holding that defendant’s argument required that he be charged with and convicted of reckless driving. The court stated that speeding was a traffic infraction and reckless driving was a misdemeanor. In addition, the court determined that § 19.2-294.1 only applied if defendant was charged with driving under the influence and reckless driving. The court held that where the evidence supported prosecution under two parallel statutes, the Commonwealth had the right to elect under which statute to proceed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Under Va. Code Ann. § 16.1-69.40:1, it is not possible for a defendant to prepay the fine for a reckless driving charge as it is expressly forbidden by Va. Code Ann. § 16.1-69.40:1(d).

Va. Code Ann. § 19.2-294 states that if a defendant is charged with driving under the influence of intoxicants and with reckless driving and he is convicted of one of those charges, then the court shall dismiss the remaining charge. The purpose of § 19.2-294 is to prevent the conviction of two different class one misdemeanors arising out of the same driving acts, when one of the misdemeanors is driving under the influence of intoxicants and the other is reckless driving. Where the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed.

46.2-862 Charge Of Reckless Driving defense in Virginia

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If you are concerned about the punishment for a Virginia Traffic Code 46.2-862 Charge, contact our law firm immediately for help.

Concerned about the punishment for a Virginia Traffic Code 46.2-862 Charge – Attorneys In Virginia

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Greet v. Commonwealth

Facts:

A jury in the Circuit Court of Sussex County (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed. Defendant argued that the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Va. Code Ann. § 46.2-869, was a lesser-included offense of reckless driving by speed. The appellate court disagreed. Improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862.

If you are facing a traffic case in Sussex, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

A reviewing court’s responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.

For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

Concerned about the punishment for a Virginia Traffic Code 46.2-862 Charge – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Reckless Driving State Law – Virginia Lawyers

If you have been charged with a violation of reckless driving state law in Virginia and you are concerned about a conviction, contact our law firm immediately for help.

Reckless driving state law in Virginia.

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Shawn v. Commonwealth

Facts:

The driver of a car was killed when it was struck by a police cruiser during a high-speed chase to apprehend defendant. The Court of Appeals of Virginia State affirmed defendant’s conviction for involuntary manslaughter. The present court awarded defendant an appeal, in which he argued that there was insufficient evidence to support his conviction. Since defendant had not assigned error to the Court of Appeals’ holding that his driving conduct was criminally negligent, that holding was binding on appeal. Proximate causation was the only remaining issue. Because defendant’s actions put into operation the high-speed chase, the officer’s intervening actions were not a superseding cause that alone caused the driver’s death

If you are facing a criminal case in Sussex, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

The Supreme Court of Virginia has defined criminal negligence with reference to gross negligence. Gross negligence is punishable as criminal negligence when acts of a wanton or willful character, committed or omitted, show a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his acts. To convict a defendant of involuntary manslaughter based on such acts of criminal negligence, the Commonwealth must also prove that the defendant’s criminally negligent conduct was a proximate cause of the victim’s death

When a defendant challenges the sufficiency of the evidence, an appellate court considers the evidence in the light most favorable to the Commonwealth, the prevailing party in the circuit court, and the appellate court accords the Commonwealth the benefit of all reasonable inferences deducible from the evidence.

Reckless driving state law in Virginia.

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Reckless Driving State Law – Virginia Lawyers

There are many different penalties for violating the reckless driving state laws in Virginia.

If you are dealing with a violation of the reckless driving state laws in Virginia, contact our law firm immediately for help.

Reckless driving state laws In Virginia

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Warner v. Commonwealth

Facts:

A jury in the Circuit Court of Sussex (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed. Defendant argued that the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Virginia state traffic laws, Va. Code Ann. § 46.2-869, was a lesser-included offense of reckless driving by speed. The appellate court disagreed. Improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862.

If you are facing a traffic case in Sussex, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

The plain and unambiguous reading of the improper driving statute, Va. Code Ann. § 46.2-862, makes clear that authority rests with the trial judge and not the jury to make the lesser degree of culpability determination. In the alternative, an attorney for the Commonwealth may reduce a reckless driving charge to improper driving at any time prior to the court’s decision. Thus, only the trial judge, or the prosecutor before the verdict is rendered, has the prerogative to reduce a reckless driving charge to improper driving under § 46.2-869.

A reviewing court’s responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.

Reckless driving state laws In Virginia

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Reckless Driving Defense In Sussex – Virginia Lawyers

There are many different penalties for a reckless driving, passing on a curve charge of 46.2-854 in Sussex Virginia.

If you have been charged with reckless driving for passing on a curve in Sussex Virginia, contact our firm immediately for help.

Reckless Driving Passing On A Curve Defense In Sussex Virginia

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SUSSEX VIRGINIA-RECKLESS DRIVING STATUTE 46.2-854

Va Code 46.2-854. Passing on or at the crest of a grade or on a curve.

A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

Statute

Description

Penalty

Va Code 46.2-854

On or approaching the crest of a grade or a curve in the highway, where the driver’s view is obstructed, any act of driving, overtaking and passing another vehicle proceeding in the same direction.If it is a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway, it is not reckless driving.

Class 1 misdemeanor.

Reckless Driving Passing On A Curve Defense In Sussex Virginia

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